constitution goes farther, and says, (in the same clause,) that no state shall "emit bills of credit;" that is, issue paper money on the credit of the state. Bank bills, it will be remembered, are not issued by the state, but by banking companies.

§ 9. The states are forbidden also to pass any "law impairing the obligation of contracts." Laws that would weaken the force of a contract, or release men from their obligations, would be contrary to the principles of justice, and give insecurity to the rights of property; and they are therefore with great propriety prohibited. In the list of prohibited powers are several others, but a particular notice of them is deemed unimportant.

§ 10. Among these powers, however, is one which was placed there from a supposed necessity rather than from a conviction of its propriety. It is the first in the list, (section 9,) and may need some explanation. It relates to the foreign slave trade, which was extensively carried on at that time. "The importation of such persons as any of the states now existing shall think proper to admit," means the bringing of slaves into this country from Africa by permission of the states. This was "not to be prohibited by congress prior to the year 1808;" thus permitting the trade for nearly twenty years certain, and leaving it to congress to prohibit it at the expiration of that time, or suffer it to continue.

11. Some of the states, whose citizens were engaged in the slave trade, were unwilling to relinquish the business. Had a provision been inserted in the constitution immediately prohibiting this trade, a number of the states would have refused to adopt it. As will be seen by the last article, it was not to go into effect until ratified by nine states; and as it could be binding only upon those states by whose conventions it should be ratified, it was deemed inexpedient to form a union composed of less than that number. In order, therefore, to secure the ratification of the constitution by the requisite number of states, many of the delegates who were in favor of prohibiting the slave trade, consented to a provision which would give congress the power to abolish it at the time specified.

§ 12. In pursuance of this provision, congress exercised

its power for the abolition of this cruel and inhuman traffic at the earliest possible period. A law was passed in 1807, to go into effect in 1808, making it unlawful, under severe penalties, to import slaves into the United States; and in 1820, the African slave trade was, by an act of congress, declared piracy, and punishable by death.

EXERCISES.

§ 1. In what part of the constitution is the list of prohibited powers?

§ 2. What is a bill of attainder?

§3. What is an ex post facto law? Give an example of an ex post facto law.

§ 4. What are poll-taxes? How are they to be laid in the slave states?

§ 5. What is attainder of treason? Corruption of blood? What is the object of this clause ?

§ 6. How was punishment for treason inflicted under the common law? By whom is the punishment of treason declared?

§ 7. Coin only can be made a tender for debts. What does this mean?

§ 8. What induced the insertion of this provision concerning tender? What are bills of credit?

9. Why ought laws impairing or annulling contracts to be prohibited?

$10. To what do the words "importation of persons" in the first prohibition relate?

§ 11. Why was a provision permitting this inhuman traffic suffered to be placed in the constitution?

§ 12. How and when has congress exercised its power to stop this trade?

CHAPTER LIII."

Powers of the President; Treaties; Foreign Ministers; Appointment of Officers, &c.

§ 1. An essential power of the general government is the power "to make treaties." This power is exercised by the president, "by and with the advice and consent of the senate.' A treaty is an agreement between two nations. Treaties are made to restore or preserve peace, and sometimes to regulate trade, between nations. It is plain, therefore, that this power ought to be in the national government; and for wise reasons it is given to the president and senate alone. And for similar reasons, the power to "appoint embassadors, ministers," or other agents by whom treaties are negotiated, should be in the same hands. (See Cons. Art. 2, § 2.)

§ 2. In making a treaty, the terms are arranged and agreed upon by the agents of the two governments; and the articles of agreement are sent to their respective governments to be ratified. Both governments must ratify, or the treaty fails. What is meant by the president and senate's making treaties, is their approving and sanctioning, or, as it is usually called, ratifying them. Treaties are sometimes negotiated by persons appointed by the two governments. for that special purpose; at other times they are made by the permanent representatives or ministers of the respective governments.

§ 3. Each civilized nation has some officer at home, and a representative at the seat of each foreign government, to transact business for his nation, and to keep his government advised of what is done abroad. Hence there are at the city of Washington a minister from Great Britain, one from France, one from Russia, and one from each of the other principal governments of Europe and America. And our government has a minister residing at the seat of government of each of those countries. The officer of our government who corresponds with foreign ministers, and with our ministers abroad, is the secretary of state.

§ 4. Representatives at foreign courts are differently styled, embassadors, envoys, ministers, and charges des affaires, commonly written charges d'affaires. An embassador who is intrusted with the ordinary business of a minister at a foreign court, is called an embassador in ordinary. An embassador extraordinary is a person sent on a particular occasion, who returns as soon as the business on which he was sent is done. He is sometimes called envoy; and when he has full power to act as he may deem expedient, he is called envoy plenipotentiary, the latter word signifying full power. The other resides abroad, and acts in obedience to instructions sent him from time to time.

§ 5. Agents sent by the United States to reside at foreign courts, are usually called ministers, especially those sent to the principal or more important countries. Charges d'affaires are ministers of a lower grade, and are sent to inferior countries, or those with whom we have less important relations. The name is French, and is pronounced shar-zhadaf-fair, accented on the first and last syllables. It means a person having charge of the affairs of his nation.

§ 6. Consuls reside in foreign sea-ports. Their business is to aid their respective governments in their commercial transactions with such foreign countries, and to protect the rights, commerce, merchants, and seamen of their own nation. Hence much of their business is with masters of vessels and with merchants. They also dispose of the personal estate left by citizens of the United States who die within their consulates, leaving no representative or partner in trade to take care of their effects.

§ 7. Ministers of 'the United States receive a salary of $9,000 a year; charges d'affaires, $4,500; and both receive, besides, on going out of the United States, an outfit, equal to a year's salary. Some consuls receive salaries, others depend on fees of office. A salary is a fixed sum paid to a person for his services by the year; a fee is the sum paid or received for each separate act of service; as lawyer's fees; clerk's fees; sheriff's fees, &c.

§8. Not only does the president appoint embassadors, other public ministers and consuls, but he has power also, by and with the advice and consent of the senate, to appoint

judges of the supreme court, the head officers of the several executive departments, and a great number and variety of other officers. The power to appoint these officers is with propriety given to the president. The election of judges of the supreme court of the United States by the people, would be not only inconvenient but injudicious. And as a president is in a measure responsible for the acts of his subordinates in the several executive departments, and as without their co-operation and advice he could scarcely carry out his own measures; the appointment is properly given to the executive; and, by being required to submit his choice to the body of senators, a sufficient safeguard is provided against the appointment of bad men.

9. Numerous other powers and duties devolve upon the president, many of which are similar to those of the governor of a state. Such are the following: (See Art. 2, § 2, 3.) He is "commander-in-chief of the army and navy of the United States," as a governor is of the army and navy of a state. He has the power to grant reprieves and pardons for offences against the United States." He is required from time to time, to give to congress (by message) "information of the state of the union, and recommend measures to their consideration; and to see that the laws be faithfully executed."

EXERCISES.

1. By whom are treaties made? What is a treaty ? 2. Describe the usual manner of making a treaty.

3. How, or by whom, is the business intercourse of nations with each other conducted?

§ 4. What are the several different foreign representatives called? In what respects do their duties differ? § 5. What is the difference between a minister and a charge d'affaires ?

§ 6. What is the business of a consul?

7. What is the compensation of these three officers, respectively?

§ 8. What other high officers does the president appoint? 9. Mention some other powers of the president.